Nelson: `I Accept His Apology'

Martinez's Office Used Schiavo Case

April 8, 2005|By Rafael Lorente Washington Bureau

WASHINGTON — U.S. Sen. Bill Nelson, D-Fla., accepted an apology from his Republican counterpart Thursday after it was disclosed that a memo that called for taking political advantage of the Terri Schiavo case originated in the office of Sen. Mel Martinez.

The memo, publicized by The Washington Post and ABC News before Schiavo's death, also said Nelson could be vulnerable on the issue because he is up for re-election next year.

Congress became involved in the Schiavo case when Martinez, a Republican from Orlando, led an effort to pass legislation allowing the brain-damaged woman's parents to appeal their case to federal courts.

"Mel Martinez has been a personal friend of mine for 27 years, and I accept his apology," Nelson said Thursday.

Martinez, who is in Rome for Pope John Paul II's funeral, has blamed the episode on his general counsel, Brian Darling, who resigned Wednesday night after admitting he wrote the memo. Darling, originally from Massachusetts, could not be reached for comment.

Darling has worked on conservative issues and some high-profile cases with ties to Florida. As general counsel to former Sen. Robert Smith, R-N.H., Darling was involved in the EliM-an GonzM-alez case. Smith sponsored legislation that would have granted permanent residency to the Cuban boy who was living with relatives in Miami at the time.

According to a report in the National Journal, Darling also worked on the Bush-Cheney recount team in Miami-Dade County in 2000.

Before joining Martinez's staff, Darling lobbied for gun rights and other issues for the Washington-based Alexander Strategy Group.

The group is led by Ed Buckham, a former chief of staff to House Majority Leader Tom Delay. According to reports in The Washington Post, Buckham went on two foreign trips with Delay that are at the center of recent ethics questions surrounding the powerful Republican congressman.

Delay, who in a reference to the judges involved in the Schiavo case, said "The time will come for the men responsible for this to answer for their behavior," has disavowed the memo. His spokesman could not be reached for comment Thursday.

A member of Martinez's staff who did not wish to be identified said an internal investigation is under way to determine the origins of the memo. Martinez is scheduled to return from Rome on Sunday.

Martinez apologized Wednesday in a phone call to Pete Mitchell, Nelson's chief of staff. He did not speak to Nelson. .

In a statement released by his office Wednesday, Martinez said the memo did not reflect his motivations for becoming involved in the Schiavo case. He also denied having anything to do with drafting the memo.

" It is with profound disappointment and regret that I learned [Wednesday] that a senior member of my staff was unilaterally responsible for this document," Martinez said. "It was not approved by me or any other member of my staff, nor were we aware of its existence until very recently. This is not a document that would have been approved in this office for circulation under any circumstances.

"The person responsible for drafting and circulating this document has tendered their resignation and I have accepted it. This type of behavior and sentiment will not be tolerated in my office."

Martinez said he inadvertently gave the memo to Sen. Tom Harkin, D-Iowa, during a discussion about the Schiavo case.

Rafael Lorente can be reached at rlorente@sun-sentinel.com or 202-824-8225 in Washington.